MUNIYAPPA Vs. RAMAPPA AND ORS.

JUDGEMENT

(1.) THE appellant herein is the defendant No. 13 in the suit bearing O.S. No. 141/2006 (Old O.S. No. 1023/1996). The appellant had purchased the suit schedule property under the sale deed dated 09.06.1993 from the defendants No. 1, 5 and 10. The plaintiffs claiming to have right title and interest in the suit schedule property had filed the suit seeking that the sale of the suit schedule properties under the document dated 09.06.1993 is held as not binding on the plaintiffs and grant share in the property.

(2.) THE trial Court by its judgment and decree dated 23.02.2010 has decreed the suit allotting the share in the suit schedule property on declaring that the sale deed dated 09.06.1993 is not binding on the plaintiffs. The defendant No. 13 claiming to be aggrieved by the same was before the Lower Appellate Court in RA No. 54/2010. The Lower Appellate Court on re -appreciating the matter has dismissed the appeal by its judgment dated 30.11.2010. Against such concurrent judgments rendered by the Courts below, the defendant No. 13 is before this Court in this second appeal under Section 100 of CPC. This Court while admitting the appeal by the order dated 27.11.2013 has framed the following substantial question of law for consideration:

(3.) IN the above background, I have heard Sri N.V. Manjunath, learned counsel appearing for the appellant, Sri S.P. Shankar, learned senior counsel appearing for Sri K.H. Thimmaiah, learned counsel for the respondents No. 1 to 7 and Sri Dhananjaya, learned counsel for respondents No. 9, 10, 12, 13, 17 and 18.